Caylee/Casey Anthony Trial BOMBSHELL: JAMES CHENEY MASON IS OUT- REAL OR RUMOR?
Orlando, FL- As most of you following the murder trial of Casey Anthony for her 34 month old daughter, Caylee Marie, Saturday brought the most shocking day of NON-testimony yet.
I am referring to the bombshell dropped on the court by lead defense attorney, J. Cheney Mason. For reasons that may very well stay sealed until the conclusion of the trial, amongst rumors of photoshopping evidence pictures and witness tampering, Mason iniatied an off the record sidebar followed by an incamera meeting someone decided the defendant would not attend.
The dissention in the ranks seemed to stem from Friday’s rookie error, made by Mason, a criminal defense attorney with nearly 40 years of experience and considered one of the “super lawyers” in the State of Florida. Mason asked first responder deputy Ryan Eberlin, of the OCSO if he placed Casey Anthony in handcuffs at the Anthony home , opening the door to the prosecution to allow the deputy to explain, in front of the jury, that he did so at the request of Cindy Anthony after providing proof her daughter fraudulently used her credit cards.
(Editor’s Note: I was so stunned by this ginormous snafu I considered the possibility Mason did so to get fired on purpose. Given Saturday’s events, my jury is still out on that one.)
With Tru Tv’s Insession and other various local affiliates geared up for all day Saturday coverage, this presented the unique problem of having a day of rampant legal speculation as to what could have caused Judge Perry, who already scheduled an extended Saturday as a sanction to the defense for it’s third contempt of an order regarding expert witness testimony, ran through every option.
Based on the fact that immediately after court was recessed until 8:30 AM this morning, Jose Baez informed Dot Simms she would need to accompany State Attorney Jeff Ashton for the afternoon deposition of Dr. Kenneth Furton, that he could not, so she “just had to”, and the immediate seal of both the sidebar and incamera session, it is clear there are very limited reasons for the kerfeffel under Florida Law.
They are:
Jury related issue: Impossible as the court reporter left immediately after the recess. If that were the case, Judge Perry would have been required to address the issue immediately on the record, and with counsel present.
Pending Witness testimony Issue: Would not require recess, would not allow for closed proceedings and sealed transcripts, and there were 7 defense witnesses at the court house waiting to be called.
Plea Deal: Again, would not require in camera session without the defendant.
Misconduct: ding ding ding.. We have a winner.
Health Issue: Possible, but highly unlikely given we are looking at only about another week of testimony.
Rule 4-1.16 Declining or Terminating Representation
(a) When Lawyer Must Decline or Terminate Representation.
Except as stated in subdivision (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the Rules of Professional Conduct or law;
(2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or
(3) the lawyer is discharged.
(b) When Withdrawal Is Allowed.
Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:
(1) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
(2) the client has used the lawyer’s services to perpetrate a crime or fraud;
(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;
(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(6) other good cause for withdrawal exists.
An attorney withdrawl in the middle of trial is not unheard of, and it is not automatic grounds for a mistrial. That said, given the fact this is a death penalty case, and Jose Baez does not meet the requirements as lead counsel in a capital case, it increases the chances significantly.
Florida:
Rule 3.112 of the Florida Rules of Criminal Procedure (2000) outline the minimum standards for attorneys in capital cases: Lead trial counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or co-counsel in at least two cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and are familiar with the practice and procedure of the criminal courts of the jurisdiction; and are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence, and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases. Trial co-counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; who qualify as lead counsel under paragraph (c) of these standards or meet the following requirements: are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and have prior experience as lead counsel or co-counsel in no fewer than three jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and are familiar with the practice and procedure of the criminal courts of the jurisdiction and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.
Ann Finnell, Casey Anthony penalty phase attorney, is the only remaining lawyer on her team that meets the criteria- will Judge Perry order her to resume the defense?
Will whoever shows up at the “table against the wall” request a mistrial or simply a curative instruction? I have a couple of submissions I would like to offer, if that is the case.
Tune in at 8:30AM.
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Good morning, Blink and everyone.
After not much sleep, thank you for the bigger post font at least for this morning.
Anne Finnell is at the defense table.
lol, yes she is, phew.
B
Atty Ann Fennell in the courtroom area this morning according to ClickOrlando
Wow, Blink, in just a few short minutes, we may find out!
Bless you Blink.
You move at the speed of light!
Great synopsis of the possibilities … and the non-possibilities.
It has been reported that Anne Finnell was seen walking into the Courthouse with Dot Simms this morning.
3 minutes and holding my breath here.
Blink – Love, love, love your insights!
If it were misconduct and changes were being made, the SA wouldn’t have a right to be present? I’m asking, because it would make sense (to me) to include them, but perhaps I’m mistaken.
And yep, AF in the house.
The SA would have the right and would be required to attend, unless there was a good faith basis for an exparte, but they were present.
B
But I thought an attorney can not be let go in the middle of a trial
OMG
I would bet my bippy Judge Perry may have ordered them to work it out, or some arrangement so as not to compromise the defendant, they are walking into court today.
B
TH (lame Ryan Smith)saying they’ll “just start” with no explanation – that would totally suck if they do that (again, like with bozo skipping jury selection with no reason ever given).
I bet they will do just that.
B
Wow Blink, I echo Sammy, you do move like a super hero!!! I am glued to my pc screen and am praying that the commercials don’t drive me nuts today or I will be doing a ‘Casey’ !!
This is a post that stayed in moderation: probably out of date now but hope you don’t mind my bringing it over Blink.
chelsea says:
Your comment is awaiting moderation.
June 26, 2011 at 10:00 am
I can’t add anything to all the other posts but one thing does keep coming to mind regarding Caylee suppposedly being able to reach and open the pool door. As I have said before, I have a holiday home in the Orlando area, probably about the same age as the Anthony’s. I have found that on the whole, in America houses seem to be built to a certain specification during a certain period (excluding one off builds obviously). When in Florida, every home that I have visited and including my own, the doors are heavy and not easliy slid across but the main issue I have is that there is a small concealed locking system, usually behind the handle that has to be negotiated up to release the door. This is fiddly and quite difficult for me to do let alone a child. Cindy has made much of explaining how careful she has always been with regard to safety around the home relative to Caylee. Not sure if it is possible to see what the door is like in the picture but as previously posted both my husband and I are convinced this is a doctored photo. Either it is not Caylee (clothes may be hers) or the pic has been elongated. With regard to the legal matter holding up the trial, isn’t it because Dr. Rodriguez shouldn’t be testifying without permission from his employers the MOD and that he stood to be fired if he did. I don’t know what is fact and what fiction anymore!!! Blink, do you think Chica is so busy writing her book before the rest of the pack have a chance and that is the reason she is no longer posting!!! LOL I would buy it!
Watching the WESH feed that is aimed at the doorway that Casey enters in.
Feel like I’m watching an old episode of “What’s MY Line?” and waiting to hear …
“Enter and sign in please.”
Yeah .. I need more coffee.
Bill S (WFTV) is concerned with the appearance of AF. Still thinking it’s a plea. The question is….is CM in the house????
but wait…didn’t Cynthia mention her crimes in her testimony too
Someone on The Hinky Meter just posted this — (no source listed)
“Ann Finnell has filed a new motion to declare the death penalty unconditional. filed this morning and has filed for a mistrial. Wants a new jury that is non death penalty qualified.”
thats correct.
B
ClickOrlando.com is commenting on how ‘dressed up & smiling Casey’ is today . Is she taking the stand or did something really go her way.
Oh this makes me sick.
Recent tweet:
KBelichWFTV:
Casey just high-fived her death penalty attorney anne Finnell who is at trial for first time.. Casey seems chipper [via Twitter]
Casey looking so ubeat this morning is a BAD sign.
Is Finnell there b/c of the FL Supreme Court ruling last week about the death penalty?
She can’t argue that THIS jury be thrown out and have to start all over again with a non death qualified jury — can she??
Yes She Can. Yes She Will.
B
Sammy says:
June 27, 2011 at 7:59 am
Someone on The Hinky Meter just posted this — (no source listed)
“Ann Finnell has filed a new motion to declare the death penalty unconditional. filed this morning and has filed for a mistrial. Wants a new jury that is non death penalty qualified.”
thats correct.
B
————————–
Could this ruling really affect Casey’s trial? Doesn’t it have to run through its own appeals?
This is making me nervous……….
Good morning! As the paper was flipped over by Ann Finnell, showed what appeared to be a ‘letter format’. FW that’s W.
Shaeffer is speculating that maybe Finnell has written a new motion re: the new ruling on DP’s out of South Florida in the last week or so.
Could it simply be that they want a new trial, fresh start, wipe out the big opening promises of abuse and conspiracy of silence of the family, even when she’s on trial.
Just saw CM pull a pen out of JB hand while they were talking
Someone please give JB a handkerchief for his nose What a pig
It’s about the recent death penalty ruling. : Federal judge strikes down Florida’s death penalty: http://www.palmbeachpost.com/news/state/federal-judge-strikes-down-floridas-death-penalty-1556022.html
Why would they need to start over with a new jury?
What a HUGE waste os FL taxpayers money – if Finnell is successful and gets a new non death qualified jury.
To start this jury selection and trial all over again??
Holy Crap@!
I sure hope that Mr Aston is able to successfully argue against this – and win the decision with Judge Perry that this trial continues with THIS jury.
[...] Blink on Crime comes the following analysis regarding Saturday’s mysteries. What really happened behind [...]
But does all this new with Finnell business have anything to do with what appeared to be some issue between Mason and Baez on Fri/Sat??
Are we looking at 2 issues this morning?
All I know is that defense table looks like the cat that swallowed the canary.
All smiles for Casey and her boys. Ugh!!
Praying that Jeff Ashton and LDB are way ahead of the scheme team.
Blink, did you think we would have so many twists and turns with this case? casey doesn’t seem to bothered this a.m., if mason is exiting, you could blame him, he tried right?
This type of activity is unheard of. If this case goes to verdict I will be shocked.
B
All attorneys reviewing a report from a Forensic Psychologist given to them by the Judge today according to Clickorlando.com
edit… WHO not you could blame him, doh! sorry Blink, can’t type
motion to dismiss the jury and get a non-dp qualified jury? JP has just walked in but does not yet have his robe on… so not ready yet to start
the whole defense has shite eaten grins especially JB I dont like it
http://www.miamiherald.com/2011/06/22/v-print/2279223/us-judge-fla-death-sentences-unconstitutional.html#ixzz1Q2cOxXjS
Need coffee… lawyers are now going into the back room, Ashton, George, Linda Burdick, Finnell, Baez… going in. Mason sits out with Casey, but not next to her.
Casey is still looking down reading, she did not acknowledge Baez when he sat next to her, kept her eyes down on her lap.
I don’t think JP will honor a mistrial. What do you think Blink?
Ann Finnell reminds me of Mrs. Doubtfire
I don’t understand why this filing of the motion, if to put on the record the ruling from South Florida for future, even if denied, why this would put a hold on Saturday’s proceedings? Is this to stop the evidence or more evidence coming in to the record for some reason?
This has nothing to do with Saturday, this was filed this am.
B
doesn’t look like anyone is babysitting casey while lawyers are in back room, i heard this a.m., sorry don’t remember who, maybe Bill S., that witnesses are waiting – hoover is supposedly out there, Ha that should be good! where’s dom? hope he gets to join in
The jury must be back in their waiting area just fuming this morning.
Another delay.
I think they realize most of these delays are due to the defense team too.
If this jury is dismissed – Baez will be the most hated man in the state of Florida.
People want this OVER and they want their money to stop being wasted!
Casey Anthony is due a fair trial by a jury of her peers – but all this bull-hockey is above and beyond all reason!!
The Florida schools are atrocious, laid off State workers, etc … and crap like this that is costing the hard working tax payers million of dollars is just plain WRONG!!
Casey has completed reading paper doc, passes note, she is pioed, nostrils flaring…good lol
Bob Kealing tweets that he greeted Dominic Casey in hallway. Someone had already tweeted that they had seen him. Ugh, I hope we get his testimony.
Also, I heard that a report by a forensic psychologist has been presented by defense??
The So Florida Federal Judge only ruled that the jury should administer the death penalty charge not the judge so the jury would still have to be death qualified.
South Florida case was a district decision.
Has no jurisdiction on the entire State . . . none in this case in Orange County.
It was Federal court, ultimately, it will be handled by the Florida Supreme Court.
B
the jurors must be wondering WTF with all of this, can’t wait to hear what they have been thinking throughout all this, is it to early for the dessert lady? Love that, Judge Perry is such a cutie pie! also love his comment the other day about the bird on the window outside, interesting… WOW – casey examined for compentency – can’t spell WOW
DT on Sat filed a motion of compentcy
State had 3 experts examine her !!!
OMG they want her declared INCOMPETENT
LOL competency??
Yay she’s sane.
JP says she’s good to go, why would they do this now? willing to try anything, who decided this? mason? don’t understand Blink
There has to be a probable cause/good faith basis for the motion/order in the first place.
I can tell you right now, this is a “how I don’t get sued when this is over” by Cheney Mason.
B
Court finds Casey competent to stand trial. Wow, Casey was examined out the ying-yang all weekend.
Casey Anthony- You are going down with the ship! Justice for Caylee is right around the corner!
i think she should be found insane – look at that shirt, looks like some cheap pirate wear, creepy sleeves and all – delete if must Blink, couldn’t help it
With this competency motion being filed, now I believe the reports that KC was crying in court Sat morning. She must have had a breakdown after Lee’s testimony. Maybe she should have thought of ALL the consequences before she erased her daughter.